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The ESG Rule making Process in the European Union: A Complex Interplay of Institutions

ESG Initiative Insights
The ESG Rule making Process in the European Union: A Complex Interplay of Institutions
Article Summary

The European Union’s ESG rulemaking process is a intricate system involving multiple institutions and stakeholders. This blog post will explore the key players and their roles in shaping ESG regulations, such as the Corporate Sustainability Reporting Directive (CSRD).

source: European Commission

Key Players and Their Roles

European Commission (EC)

  • Initiates and proposes new legislation
  • Develops policy proposals and draft regulations
  • Adopts delegated acts, such as the European Sustainability Reporting Standards (ESRS)

European Parliament

  • Debates and amends proposed regulations
  • Works with the Council to reach agreement on final legislation
  • Often advocates for raising environmental standards

Council of the European Union

  • Represents member states’ governments
  • Examines proposals in working groups and committees
  • Negotiates with the Parliament to reach final agreements

European Financial Reporting Advisory Group (EFRAG)

  • Develops draft sustainability reporting standards (ESRS)
  • Provides technical advice on EU financial reporting standards

European Supervisory Authorities (ESAs)

  • Composed of three agencies: EBA, EIOPA, and ESMA
  • Prepares draft regulatory technical standards

The Rulemaking Process

  1. The EC proposes new legislation or regulations.
  2. The European Parliament and Council debate and potentially amend the proposal.
  3. Once an agreement is reached, the final regulation is adopted.
  4. For technical standards, EFRAG or ESAs develop draft standards.
  5. The EC adopts the standards as delegated acts.
  6. The European Parliament and Council have the opportunity to object within a specified timeframe.
  7. If no objections are raised, the regulation is published in the Official Journal and enters into force.

Visualization of the Process

Here’s a simplified table showing the relationship between the key players:

InstitutionPrimary RoleInteracts With
European CommissionInitiates legislationParliament, Council, EFRAG, ESAs
European ParliamentDebates and amendsCommission, Council
Council of the EURepresents member statesCommission, Parliament
EFRAGDevelops technical standardsCommission
ESAsPrepares regulatory standardsCommission

This complex process ensures that ESG regulations in the EU are thoroughly vetted and reflect the interests of various stakeholders. The interplay between these institutions helps create robust and comprehensive ESG rules that shape the sustainability landscape across Europe and beyond.

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